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said defendants, or either of them, are hereby adjudged and decreed to be invalid and groundless; and that the plaintiff be and he is hereby declared and adjudged to be the true and lawful owner of the land described in the complaint, and hereinafter described, and every part and parcel thereof, and that his title thereto is adjudged to be quieted against all claims, demands, or pretensions of the defendants or either of them, who are hereby perpetually estopped from setting up any claims thereto, or any part thereof. Said premises are bounded and described as follows [here describe the premises].

And it is hereby further ordered, adjudged, and declared that the plaintiff do have and recover his costs, hereby taxed at . . . dollars, against the following-named defendants.

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This day this action came on regularly for trial. The said parties appeared by their attorneys. A jury of twelve persons were regularly impaneled and sworn to try said action. Witnesses on the part of plaintiff and defendant were sworn and examined. After hearing evidence, the argument of counsel, and instructions of the court, the jury retired to consider their verdict, and subsequently returned into court, and being called, answered to their names, and say they find a verdict for the plaintiff.

Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered and adjudged that said plaintiff have and recover from said defendant the sum of . . . dollars, with interest thereon at the rate of . . . per cent per month, from the date hereof till paid, together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of ... dollars.

Judgment rendered, . . ., 19..

[SIGNATURE.]

§ 1395. Judgment for double or treble damages.

[TITLE.]

Form No. 449.

This action being at issue, and having been brought on for trial before the court and a jury, and the issues having been tried, and

a verdict having been rendered in favor of the plaintiff and against the defendant, therefore:

It is adjudged, that the plaintiff recover of said defendant double [or, treble] the amount of the damages so as aforesaid found by said jury, together with . . . dollars, his costs of this action, amounting in the whole to... dollars.

[DATE.]

[SIGNATURE.]

§ 1396. Judgment for specific performance of land contract against vendor-Short form.

[TITLE.]

Form No. 450.

[Recite trial and findings as in form No. 449, and continuing:] Now, on motion of G. H., attorney for plaintiff,

It is adjudged, that upon payment by the plaintiff to the defendant of the sum of . . . dollars [balance due on the contract], the defendant convey the premises described in the complaint, to-wit: [describe premises], to the plaintiff by a good and sufficient deed, in the usual form [or, by quitclaim deed in the usual form], and that in default thereof this judgment shall have the same effect and operation as such deed. And that the plaintiff recover from the defendant his costs herein, taxed at . . . dollars.

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1397. Interlocutory judgment denying specific performance, but retaining action for recovery of damages.

[TITLE.]

Form No. 451.

[Recitals as in forms Nos. 449 and 450.]

It is adjudged, that specific performance of the contract set forth in the complaint be and the same is hereby denied, but that this action be retained, to allow the plaintiff to establish his claim for damages suffered by reason of the defendant's breach of said contract.

It is further adjudged, that if within thirty days from the date of the entry of this judgment the plaintiff elect, in writing, to be filed with the clerk of this court, to proceed in this action to recover said damages, he be allowed so to proceed; but that in case of failure so to elect, final judgment shall be entered upon notice to the plaintiff dismissing the complaint upon the merits. By the Court:

R. S., Clerk.

§ 1398. Judgment of strict foreclosure against junior incumbrancer who was not a party to original foreclosure action.

[TITLE.]

Form No. 452.

[After recitals showing trial of the action and the making of findings, which findings should show the fact of the prior mortgage and the previous foreclosure thereof, to which the defendant was not a party, and the sale thereunder to the plaintiff, and that the purchase money was insufficient to pay the said prior mortgage, continue:]

It is adjudged, that the defendant pay to the plaintiff the sum of . . . dollars, with interest from 19.., at . . . per cent, and the costs of this action, taxed at . . dollars, within [six] months from the date of service upon him of notice of the entry of this judgment; and that if said payment is made, said plaintiff convey said premises by a good and sufficient deed of quitclaim to the defendant. But in default of the payment of said principal, interest, and costs within the time limited for that purpose, then said defendant and all persons claiming through or under him shall be forever barred and foreclosed of the equity of redemption and all rights or claims in and to said mortgaged premises.

The said premises are particularly described as follows: [Describe the same.]

[DATE.]

[SIGNATURE.]

§ 1399. Judgment ousting individuals from the exercise of usurped corporate powers in action of quo warranto brought on information of attorney-general.

[TITLE.]

Form No. 453.

[Recitals of trial, verdict, findings, etc., and continuing:] It is therefore adjudged, that the said defendants, having acted within this state as a corporation under the name of the . . . company without being duly incorporated, be and they are hereby ousted and excluded from all corporate rights, privileges, and franchises under said corporate name so claimed and exercised by them.

[Add judgment for costs.] [DATE.]

[SIGNATURE.]

§ 1400. Judgment annulling corporation for violation of its charter.

[TITLE.]

Form No. 454.

[Recitals of commencement of action, trial, and findings according to the facts, and continuing:]

Now, therefore, on motion of E. F., attorney-general of the state of . . :

It is adjudged and decreed, that said defendant corporation has offended against the provisions of law under which it was created [or, has violated the provisions of section [naming section]; or, otherwise, state one of the causes of forfeiture, according to the fact], as determined in the findings of fact in this action, whereby the said defendant has forfeited [or, surrendered] its charter and its corporate rights, privileges, and franchises; and

It is further adjudged, that the said defendant has forfeited [or, surrendered] its corporate rights, privileges, and franchises, and that said corporation be and is hereby excluded from such corporate rights, privileges, and franchises, and that said corporation be and the same is hereby dissolved, and that the said defendant, its directors, officers, attorneys, and agents, be and they are hereby enjoined and restrained from exercising any of such corporate rights, privileges, or franchises, and from collecting or receiving any debts or demands due or owing to said defendant, and from paying out, interfering with, transferring, or selling any moneys, securities, property, or effects of the said corporation, or held by it.

It is further adjudged, that R. C., Esq., of . . ., be and he is hereby appointed receiver of all the property, real and personal. credits, moneys, things in action, and effects of said corporation, either owned or held by it, or in which it is in any way interested, with the usual powers, rights, and duties of receivers in such cases, according to the practice of this court and the statutes in such case made and provided.

It is further adjudged, that said receiver, before entering on the duties of his trust, give bond to the clerk of this court for the faithful performance of his duties as such receiver in the sum of . . . dollars [provide number of sureties and manner of approval], upon the approval of which bond said receiver is authorized and directed to take possession of and sell all the said property of said corporation and convert the same into money and distribute

the proceeds thereof, after paying the costs and expenses, in the following order: [Name order of payment.]

It is further adjudged, that said receiver may make such further application to this court, from time to time, as may be necessary and proper, for further directions and instructions as to the management of his said trust.

It is further adjudged, that the plaintiff recover of the said defendant the costs of this action, taxed at . . . dollars, and that said receiver pay said sum to the plaintiff's attorney out of the funds received by him.

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§ 1401. Judgment of reformation of a deed on ground of mistake.

[TITLE.]

Form No. 455.

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[Recite trial and findings according to the facts.] Now, on motion of G. H., attorney for the plaintiff, It is adjudged, that the deed of conveyance executed by the defendant, C. D., to the plaintiff on the . . . day of and recorded in the office of the county recorder of on the... day of . . ., 19.., in volume . . . of deeds, on page . . ., be and the same is hereby reformed and corrected according to the real intent of the parties, so the description therein shall read as follows: [insert true description]; and, so reformed, said deed shall convey said last-described premises as fully as if the same had originally been described therein, and that said defendant, C. D., within thirty days after the entry of this judgment and service upon him of notice of entry thereof, execute and deliver to the plaintiff a deed of said premises conforming to this judgment, and that in case of his failure so to do the title to said premises above described do pass by this judgment from said defendant to. and vest in, the plaintiff in fee simple, as fully as if properly conveyed in said deed.

That the plaintiff, A. B., recover of the defendant, C. D., the costs of this action, taxed at . . dollars.

Dated

19 ..

...

Judge of said Court.

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